Madison v. Clark

Full title: LAWRENCE J. MADISON, Petitioner, v. MICHAEL CLARK SCI - Albion…

Court: United States District Court, W.D. Pennsylvania

Date published: Apr 29, 2022

21cv0896 (W.D. Pa. Apr. 29, 2022)

Opinion

21cv0896

04-29-2022

LAWRENCE J. MADISON, Petitioner, v. MICHAEL CLARK SCI - Albion Superintendent, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, DISTRICT ATTORNEY OF WASHINGTON COUNTY, Defendants.

Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

ORDER OF COURT RE: AMENDED PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 5) AND UNITED STATES MAGISTRATE JUDGE MAUREEN P. KELLY'S REPORT AND RECOMMENDATION (DOC. NO. 24)

Arthur J. Schwab United States District Judge

Presently before this Court is Petitioner's Amended Petition for Writ of Habeas Corpus. Doc. No. 5. On January 21, 2022, United States Magistrate Judge Maureen P. Kelly issued a Report and Recommendation and recommended to this Court that it deny the Amended Petition for Writ of Habeas Corpus by sua sponte dismissing Count One, granting the Motion to Dismiss as to Counts Two and Three, and denying a Certificate of Appealability. Doc. No. 24.

Objections to the Report and Recommendation were due to be filed on or before February 7, 2022. Id. A copy of the Report and Recommendation were sent to Petitioner at his address of record via first class mail. No objections have been received. After consideration of the Amended Petition for Writ of Habeas Corpus and United States Magistrate Judge Kelly's Report and Recommendation, the following Order is entered:

AND NOW, this 29^th day of April, 2022, IT IS HEREBY ORDERED THAT:

1. The Motion to Dismiss is Denied as Moot as to Count One, and Granted as to Counts Two and Three; and therefore, the Report and Recommendation (Doc. No. 24) is ADOPTED AS THE OPINION OF THIS COURT;

2. Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. No. 5) is DENIED;

3. A Certificate of Appealability is DENIED;

4. The Clerk of Court shall mark this CASE CLOSED.